Dispute Resolution
Due to the inherent nature of construction contracts, disputes between the parties to the contract can often arise.
Construction disputes can be resolved through the various standard procedures ranging from informal consensual processes such as mediation, through to the more formal processes of adjudication, arbitration, and ultimately litigation.
The IQS technical team includes experienced quantity surveyors with extensive knowledge of the operation to most common standard forms of contracts and their contract conditions mechanism. This experience can be applied to provide services as listed below, in providing advice and assistance in the eventuality of a contract dispute occurring:
1. Initial Contract Advice
- IQS can provide initial advice with the view to curtailing a contract dispute through an understanding of the circumstances and seeking an early outcome to prevent the escalation of the matter.
2. Surveyor Advocate
- IQS are able to act in a ‘surveyor advocate’ role, and can provide initial advice, assistance and the preparation of reports and other documentation in pursuant to more formal proceedings involved with adjudication, arbitration and litigation. In the ‘surveyor advocate’ role IQS would assist in the preparation and presentation of the best case possible.
3. Expert Witness Reports
- IQS has experience in carrying out the role of ‘expert witness’, in which an expert opinion is provided within a report to assist a tribunal in reaching a decision on a dispute. IQS have wealth of construction contract experience. Our team of Chartered Surveyors can act as expert witnesses and prepare reports/testimony in cases of Civil or Criminal Disputes and report on the standard of any such work.
4. Party Wall Act 1996
- Do you have a dispute with your neighbour concerning illegal work undertaken, or are you planning to build within close proximity of the boundary? The Party Wall etc., Act 1996 is a branch of GB & NI common law which deals with allowable engineering operations to existing party structures, work within 3/6m of such, or construction of new. IQS can advise on, and/or act as Building Owner/Adjoining Owner.